Khan, R (on the application of) v Secretary of State for the Home Department

Facts

Mr Khan, a national of Pakistan, wished to visit the United Kingdom and applied for entry clearance on 30 October 2024. The Secretary of State for the Home Department refused the application on 28 November 2024. A pre-action protocol letter dated 5 December 2024 was sent challenging that refusal and threatening judicial review, and by letter dated 19 December 2024 the Secretary of State agreed to withdraw the refusal and reconsider the matter, stating that the Entry Clearance team "aims to reconsider this case within 3 months, absent special circumstances". No fresh decision followed. By email dated 13 March 2025 Mr Khan's representatives said they expected a decision by 19 March 2025, failing which proceedings would be issued and costs sought; no reply came. Judicial review proceedings were commenced on 20 March 2025, and the Secretary of State made her decision on 23 April 2025. The claim was withdrawn, leaving costs to be determined on paper. Internal Home Office communications obtained under a subject access request showed staff acknowledging the chaser and that the three-month deadline had been missed. By a written ruling dated 9 July 2025 Upper Tribunal Judge Hoffmann made no order as to costs, holding that the first pre-action letter had not foreshadowed the delay challenge. Elizabeth Laing LJ granted permission to appeal given the overlap with pending costs appeals.